Introduction
Renting a home is a big commitment, and knowing your rights can help you feel secure, empowered, and confident in your tenancy. But what exactly are these ‘statutory rights,’ and what protections are in place for tenants in England and Wales? In this guide, we’ll break down your key rights as a tenant and what they mean for you.
What Are Statutory Rights?
Statutory rights are rights that have been granted by law. In the UK, tenants are protected under several laws that establish minimum standards and protections in areas like deposit protection, repairs, safety, and eviction.
Simply put: These are your legal entitlements as a tenant. They are non-negotiable and ensure that you, as a tenant, are treated fairly.
Your Key Statutory Rights as a Tenant
1. Right to a Safe and Well-Maintained Property
Landlords are responsible for keeping the property safe and in good condition. This includes:
– Fixing issues related to water, gas, electricity, and sanitation.
– Ensuring structural integrity, including walls, roofs, and floors.
– Maintaining safety standards for fire, gas, and electrical safety.
You should also receive a Gas Safety Certificate each year if there are gas appliances, along with an Electrical Safety Certificate every five years.
2. Right to Have Your Deposit Protected
If you’ve paid a deposit, your landlord must protect it in a government-approved scheme within 30 days of receiving it. There are three main schemes:
– DPS (Deposit Protection Service)
– TDS (Tenancy Deposit Scheme)
– MyDeposits
This protection ensures your deposit is returned fairly, minus any legitimate deductions, at the end of your tenancy.
3. Right to Know Who Your Landlord Is
Your landlord’s name and contact information must be provided. If you don’t know who your landlord is, you can request this information from the person who collects your rent (often an agent). If they don’t provide it within 21 days, they’re breaking the law.
4. Right to Live in Peace and Comfort
You have the right to “quiet enjoyment” of the property. In simple terms, this means your landlord or their agents should not harass you, enter the property without your permission (except in emergencies), or disrupt your life in any unreasonable way.
Landlord visits should be arranged in advance, giving you at least 24 hours’ notice.
5. Right to Fair Notice if Asked to Leave
If your landlord wants to end your tenancy, they must give you proper notice. The notice period and procedure depend on your tenancy type:
– Assured Shorthold Tenancies (ASTs): Typically, landlords must give at least two months’ notice under a Section 21 notice, provided you haven’t breached the tenancy.
– For breaches, a Section 8 notice may be issued, but they’ll need grounds to prove why.
Practical Steps for Tenants
- Keep Written Records: Document any correspondence with your landlord regarding issues, requests for repairs, or maintenance.
- Request Repairs in Writing: If something needs fixing, always request it in writing. This can be a simple email, but it creates a record if you face delays or refusals.
- Understand Deposit Deductions: Be aware that deductions can only be made for specific issues, like unpaid rent or damage (beyond fair wear and tear).
- Know Your Options for Disputes: If you feel your rights are being ignored or breached, consider options like speaking with a mediator, consulting Citizens Advice, or, if related to your deposit, reaching out to a service like Tenant Angels.
Final Thoughts
Navigating your rights as a tenant can feel overwhelming, but understanding the basics can make all the difference. Knowing that you have statutory rights offers peace of mind and gives you the confidence to address issues if they arise.
For more details on tenancy deposit protection claims, don’t hesitate to reach out to Tenant Angels. We’re here to help ensure that your rights are upheld, and you’re treated fairly every step of the way.
FAQ
You may be able to make a claim if your landlord hasn’t protected your deposit. Tenant Angels specialises in such cases, so feel free to contact us for guidance.
Not without following the proper procedures. For a fixed-term tenancy, rent changes usually aren’t allowed until the term ends unless the agreement specifies otherwise. For periodic tenancies, landlords must give at least one month’s notice (or longer if you pay rent less frequently).
Put your request in writing and remind them of their legal responsibility to provide a safe, habitable property. If repairs are still neglected, you can contact your local council, who may intervene if the property is unsafe.
No, unless it’s an emergency. Landlords should give at least 24 hours’ notice to enter your home.
Landlords can make deductions for unpaid rent or damage beyond “fair wear and tear.” They can’t charge for natural aging, minor marks, or wear from normal use.
Would you like to find out whether your tenancy deposit was protected correctly?
We specialise in helping tenants make successful compensation claims when your landlord or letting agent has failed to protect your deposit correctly.
The law is very black and white when it comes to deposit protection and states that your deposit must be protected in one of the three government-backed schemes within 30 days of you paying it and it should remain protected until the day you move out.
Claims can be worth up to 3x your deposit, plus the full return of your deposit on top. For example, if you paid a £1,000 deposit, you may be able to claim £3,000 + your £1,000 deposit back.
Use our FREE online eligibility checker to see if you could be owed compensation.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice or a client-solicitor relationship. All information, content, and materials available on this website are for general information purposes only and should not be used as the basis for taking any specific course of legal action.
